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[Federal Register: November 9, 2010 (Volume 75, Number 216)]
[Proposed Rules]               
[Page 68733-68735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no10-25]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R02-OAR-2010-0688; FRL-9223-7]

 
Approval and Promulgation of One-Year Extension for Attaining the 
1997 8-Hour Ozone Standard for the New Jersey Portion of the 
Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Clean Air Act, EPA is proposing to approve an 
extension from June 15, 2010 to June 15, 2011 of the applicable 
attainment date for the New Jersey portion of the Philadelphia-
Wilmington-Atlantic City 1997 8-hour ozone nonattainment area 
(Philadelphia Area), which is classified as moderate nonattainment for 
the 1997 8-hour ozone national ambient air quality standard (NAAQS). 
This proposed extension is based in part on complete, quality-assured 
air quality data recorded during the 2009 ozone season. In accordance 
with requirements for a 1-year extension, the Philadelphia Area's 4th 
highest daily 8-hour monitored ozone value during the 2009 ozone season 
at each monitor in the area is less than 0.084 parts per million (ppm). 
If EPA finalizes this proposed approval of the attainment date 
extension, EPA will revise the table with regard to the 8-hour ozone 
attainment dates for the New Jersey portion of the Philadelphia Area.

DATES: Comments must be received on or before December 9, 2010.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-
R02-OAR-2010-0688, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: Werner.Raymond@epa.gov.
     Fax: 212-637-3901.
     Mail: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch, 
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m. excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2010-0688. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is

[[Page 68734]]

an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 2 Office, Air Programs Branch, 290 Broadway, 
25th Floor, New York, New York 10007-1866. EPA requests, if at all 
possible, that you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10007-1866, (212) 637-4249; e-mail address: 
Truchan.Paul@epa.gov.

SUPPLEMENTARY INFORMATION:

I. New Jersey's Request for Attainment Date Extension for the 
Philadelphia Area

    On June 23, 2010, the State of New Jersey requested a one-year 
attainment date extension for the Philadelphia Area. The Philadelphia 
Area, which is classified as moderate for the 1997 8-hour ozone 
National Ambient Air Quality Standards (NAAQS), consists of Cecil 
County in Maryland; Bucks, Chester, Delaware, Montgomery and 
Philadelphia Counties in Pennsylvania; the entire State of Delaware; 
and Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, 
Mercer, Ocean, and Salem Counties in New Jersey. Since this area was 
classified as a moderate ozone nonattainment area, the statutory ozone 
attainment date, as prescribed by section 181(a) of the Clean Air Act 
(CAA), is June 15, 2010. New Jersey requested that the attainment date 
be extended to June 15, 2011.

II. CAA Requirements and EPA Actions Regarding One-Year Extensions

    Section 181(a)(5) of the CAA provides for a 1-year extension of the 
applicable attainment date for an ozone nonattainment area if the State 
has complied with the requirements in the applicable implementation 
plan and there is no more than one exceedance of the NAAQS in the year 
preceding the extension year. 40 CFR 51.907 sets forth how section 
181(a)(5) applies to an area subject to the 1997 8-hour ozone NAAQS. 
Under 40 CFR 51.907, an area will meet the requirement of section 
181(a)(5)(B) of the CAA pertaining to one-year extensions of the 
attainment date if:
    (a) For the first 1-year extension, the area's 4th highest daily 8-
hour average in the attainment year is 0.084 parts per million (ppm) or 
less,
    (b) For the second 1-year extension, the area's 4th highest daily 
8-hour value, averaged over both the original attainment year and the 
first extension year, is 0.084 ppm or less.
    (c) For purposes of paragraphs (a) and (b) of this section, the 
area's 4th highest daily 8-hour average shall be from the monitor with 
the highest 4th highest daily 8-hour average of all the monitors that 
represent that area.
    EPA's review of the actual ozone air quality data in the Air 
Quality System shows that the 4th highest daily average 8-hour ozone 
concentrations for the 2009 attainment year ozone season, for all 
monitors in the Philadelphia Area measured less than 0.084 ppm (Table 
1), as required by 40 CFR 51.907(a). The highest-reading monitoring 
site had a 4th high value for 2009 of 0.074 ppm (Bucks/Pennsylvania). 
The monitoring data has been quality-controlled and quality-assured.

                       Table 1--Monitoring Data for 8-Hour Ozone in the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                                                                   4th Max  8-hr
                    Site ID                               County/state                 Year            (ppm)
----------------------------------------------------------------------------------------------------------------
10-001-0002...................................  Kent/Delaware...................            2009            .066
10-003-1007...................................  New Castle/Delaware.............            2009            .068
10-003-1010...................................  New Castle/Delaware.............            2009            .068
10-003-1013...................................  New Castle/Delaware.............            2009            .069
10-005-1002...................................  Sussex/Delaware.................            2009            .067
10-005-1003...................................  Sussex/Delaware.................            2009            .069
24-015-0003...................................  Cecil/Maryland..................            2009            .072
42-017-0012...................................  Bucks/Pennsylvania..............            2009            .074
42-029-0100...................................  Chester/Pennsylvania............            2009            .067
42-045-0002...................................  Delaware/Pennsylvania...........            2009            .065
42-091-0013...................................  Montgomery/Pennsylvania.........            2009            .070
42-101-0004...................................  Philadelphia/Pennsylvania.......            2009            .059
42-101-0024...................................  Philadelphia/Pennsylvania.......            2009            .072
34-001-0006...................................  Atlantic/New Jersey.............            2009            .071
34-007-1001...................................  Camden/New Jersey...............            2009            .071
34-011-0007...................................  Cumberland/New Jersey...........            2009            .072
34-015-0002...................................  Gloucester/New Jersey...........            2009            .071
34-021-0005...................................  Mercer/New Jersey...............            2009            .071
34-029-0006...................................  Ocean/New Jersey................            2009            .071
----------------------------------------------------------------------------------------------------------------

[[Page 68735]]

    EPA has determined that the requirements for a one-year extension 
of the attainment date have been fulfilled as follows:
    (1) New Jersey has complied with all requirements and commitments 
pertaining to the area in the applicable ozone implementation plan. New 
Jersey's applicable ozone implementation plan can be found at 40 CFR 
52.1570. The most recent actions related to New Jersey's applicable 
ozone implementation plan can be found at EPA's rulemakings: ``Approval 
and Promulgation of Implementation Plans; New Jersey Reasonable Further 
Progress Plans, Reasonably Available Control Technology, Reasonably 
Available Control Measures and Conformity Budgets'' proposed January 
16, 2009 (74 FR 2945) and final rulemaking May 15, 2009 (74 FR 22837); 
``Approval and Promulgation of Implementation Plans; Implementation 
Plan Revision; State of New Jersey'' proposed April 23, 2010 (75 FR 
21197) and final rulemaking August 3, 2010 (74 FR 45483); and 
``Approval and Promulgation of Implementation Plans; New Jersey; 8-hour 
Ozone Control Measure'' proposed July 22, 2010 (75 FR 42672); and
    (2) The maximum 4th highest daily 8-hour monitored value at any 
monitoring site in the Philadelphia area during the 2009 ozone season 
was 0.074 ppm, which is below the 0.084 ppm criteria.
    Therefore, EPA is proposing to approve the State's request for an 
extension of the attainment date for the New Jersey portion of the 
Philadelphia Area to June 15, 2011. If the approval is finalized, the 
table in 40 CFR 81.331 will be modified to reflect EPA's approval of 
New Jersey's attainment date extension request. The table is entitled 
``New Jersey-Ozone (8-Hour Standard).''

III. Conclusion

    Pursuant to CAA section 181(a) and 40 CFR 51.907, EPA is proposing 
to approve an attainment date extension from June 15, 2010 to June 15, 
2011 for the New Jersey portion of the Philadelphia Area, which is 
classified as moderate for the 1997 8-hour ozone NAAQS. EPA is 
publishing this rule as a proposal in the Proposed Rules section of 
this Federal Register, and receiving public comments until December 9, 
2010.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)). This 
action determines, based on air quality considerations and compliance 
with the State implementation plan, that an area has qualified for a 
one-year extension of the attainment date of a previously established 
NAAQS, and imposes no additional requirements. For that reason, this 
action:
     Will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments and therefore does not impose any 
additional enforceable duties, as described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4).
     Does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely determines that an area has attained a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA.
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant.
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
     Will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations 
because it does not affect the level of protection provided to human 
health or the environment.
     Does not affect the level of protection provided to human 
health or the environment because extending the attainment date does 
not alter the emission reduction measures that are required to be 
implemented in the Philadelphia Area, which is classified as moderate 
nonattainment for the 1997 8-hour ozone standard. See 69 FR at 23909 
(April 30, 2004).
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    If the Philadelphia Area were not granted an extension of its 
attainment date, EPA's recourse would be to initiate a reclassification 
of the Philadelphia Area from its current classification of moderate 
nonattainment to serious nonattainment, pursuant to section 181(b)(2) 
of the CAA. Because the Philadelphia Area was formerly a severe 
nonattainment area under the revoked 1-hour ozone standard (see 56 FR 
at 56773, November 6, 1991), it is required to continue to implement 
severe area requirements pursuant to EPA's interpretation of ``anti-
backsliding'' provision of section 172(e) of the CAA. See 69 FR at 
23973, April 30, 2004, South Coast Air Quality Management District v. 
EPA, 472 F.3d 882 (DC Cir. 2006), modified and rehearing den., 489 F.3d 
1245 (DC Cir. 2007). The severe area requirements are more stringent 
than both the moderate and serious area requirements set forth in Title 
I, Part D, Subpart 2 of the CAA. Therefore, even if EPA were to not 
grant the attainment date extension and instead move to reclassify the 
area to serious nonattainment, no additional emission reduction 
measures would be required to be implemented in the Philadelphia Area 
through a 181(b)(2) reclassification.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 20, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-28254 Filed 11-8-10; 8:45 am]
BILLING CODE 6560-50-P
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